HowUdish Terms & Conditions
Welcome to HowUdish™. Here you, the user, will be able to access recipes, food hacks, reviews, and more, connecting with nearby friends along the way. HowUdish is owned and operated by Felix Culpa Publishing, LLC (“Company” or “we”).
Please read the Terms & Conditions carefully before you start to use HowUdish. By clicking to “accept” or “agree” to the Terms & Conditions, you represent that you are at least 18 years of age. If you are acting on behalf of or for a small business, you represent that you have proper authority to act on behalf of such small business.
When you check your acceptance of the Terms & Conditions, this creates a binding legal agreement between the Company. If you find these Terms & Conditions to be unacceptable, you must immediately terminate your use of HowUdish.
The Company may update these Terms & Conditions at any time. Your continued use of HowUdish after our written notice signals your acceptance to continue to be bound by these Terms & Conditions. If you find these updated Terms & Conditions to be unacceptable, you may not use HowUdish.
1.1 When you create an account, you will be asked to create a user name. You may optionally include a profile picture. You understand that you may not (i) select or use a name or image of another person with the intent to impersonate that person; or (ii) use a name or image that we, in our sole discretion, deem offensive. You agree to allow HowUdish to display your user name and profile picture.
1.3 Your account information includes your profile (your account name, your image, location, age, gender, and User Contribution (as defined below)) and a record of your activities on HowUDish (including items you rated, favorited, saved, and shared). HowUdish may use your account information to match or connect you to other users. You acknowledge that your account information may be visible to other users and you agree to allow HowUdish to display your account information to other users and to use such information to connect you to other users.
1.5 You shall notify us by e-mail at [email protected] of any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or account information.
1.6 You may request to deactivate your account at any time by contacting [email protected]. If you deactivate your account, we will use commercially reasonable efforts to stop displaying your profile on HowUdish, but may continue to display your content subject to Sections 7.6 – Sections 7.7.
1.7 We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.
2.1 Although HowUdish currently is free for basic members, membership fees are charged for premium services. Basic members, however, may incur a one-time fee (currently USD 99 cents) to send a message to another member. If you become a premium Member, you agree that membership in HowUdish is on a continuous service basis. Payment will be charged to your account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period. Your account will be charged the then-applicable subscription price within twenty-four (24) hours prior to the end of the current period. Subscriptions may be managed and auto-renewal may be turned off by going to the account settings screen within your Apple account on your device after purchase. No cancellation of the current subscription is allowed during active subscription period. In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information.
3.1 Subject to Section 3.2 below, you may only use HowUdish for your personal, non-commercial use only.
3.2 The Company welcomes commercial use of HowUdish by small businesses and organizations for the limited purpose of sharing photos of food available at your small business; encouraging customers to frequent healthy meals at your business; creating guides including foods created by your business; and hosting competitions to promote your business or event. Any other commercial use must be approved in advance by HowUdish. We do not permit commercial users to incentivize other users to rate, fave, save, rate their foods on HowUdish. Please contact us at HowUdish.com with a description of your intended use.
3.3 You acknowledge and agree that you consent to other HowUdish users interacting with you, including but not limited to connecting (e.g. matching) with your account, following your account, and chatting with you. You may elect to block any user from connecting with you at any time.
4.1 Always treat other Members/users with courtesy and respect when posting messages on HowUdish. Name calling or abuse towards any other user is not allowed.
4.2 Non-Acceptable and Prohibited Uses. Incidents and uses that may cause your account to be terminated include, but are not limited to:
4.3 The Company will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity. HowUdish reserves the right to monitor or view material uploaded by Member onto HowUdish at any time for the purpose of ensuring compliance with this Agreement.
5.1 You agree that we and our third-party providers and partners may place advertising on HowUdish.
5.2 HowUdish may send promotional Emails to notify Members of upgrades and new features. At any time you may elect to opt-out of these e-mails. HowUdish also may use Facebook, Snapchat, and Twitter to send advertising to Members who use those respective social networks.
6.1 You acknowledge that other than User Contribution (as defined below), HowUdish and any underlying technology used in connection with HowUdish, and all contents, features, services, and functionality software, material, information, communications, text, graphics, icons, scripts, links, electronic art, animations, audio, video, photos, and other data and the selection, and arrangement thereof (collectively, the “Content”) are provided by the Company or third-party providers and are the intellectual property of the Company and/or such third parties. Content is owned or licensed by the Company and/or third parties and is protected under copyright, trademark, and other proprietary and intellectual property right laws.
6.2 The Company grants you a limited license that is non-exclusive and not transferable, to access, display, and use the Company’s Content for your personal and private use only. Any commercial use of Content is strictly permitted for the limited use as granted by Section 3.2 only.
6.3 Except as set forth in Section 6.2, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, broadcast, transmit, compile or collect in a database, or in any manner commercially exploit any part of HowUdish or the Company’s or third party’s Content, in whole or in part. You may not store any portion of any Content owned by, or licensed to the Company in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” any HowUdish or Content on any other server.
6.4 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of HowUdish and/or Content in breach of the Terms & Conditions, your right to use HowUdish will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to HowUdish or any HowUdish IP is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of HowUdish IP not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.
6.5 We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any material on HowUdish infringes your copyright, you may request removal of those materials (or access to them) from HowUdish by submitting written notification to our copyright agent designated below. Please note that we will only respond to those written notification where you are the owner or acting as an agent for the owner. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
Honeah Sohail Mangione
Ellenoff Grossman & Schole LLP
1345 Avenue of the Americas
New York City, NY 10105
+1 646 – 895 – 7238
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on HowUdish is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
6.6 The Company name, the term HowUdish, the Company logo, and all related names, logos, domain names, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on HowUdish are the trademarks of their respective owners.
7.1 HowUdish may allow you (based on your membership type) to create, post, submit, publish, display, or transmit content, images, editorial matter, files, and comments (“User Contribution”). The Company claims no ownership rights in any User Contribution.
7.3 When you post your User Contribution, you represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license of Section 7.6 and Section 7.7 to us and other users of HowUdish, and (ii) all of your User Contributions do and will comply with these Terms & Conditions.
7.4 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to you or any third party for the content or accuracy of any User Contributions posted by you or any other user of HowUdish. You agree to protect, save, defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, licensors, predecessors, and successors from and against any and all expenses, damages, claims, suits, action, judgments, and/or costs whatsoever, including attorney’s fees, arising out of, or in any connected with, any claim or action arising out any User Contribution posted by you on HowUdish.
7.5 You acknowledge that we have to right to (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion, (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms & Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of HowUdish or the public, or could create liability for the Company, (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of HowUdish, and (v) or terminate or suspend your access to all or part of HowUdish for any or no reason, including without limitation, any violation of these Terms & Conditions.
7.6 You grant to the Company a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Contribution, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
7.7 You grant to HowUdish users a non-exclusive, a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to “like”, interact with, use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any of your User Contribution.
8.1 The information presented on or through HowUdish – whether by us, through third parties, or as User Contribution – is made available solely for entertainment purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other HowUdish user, or by anyone who may be informed of any of its contents.
8.2 HowUdish includes content that may be provided by third parties, including materials provided by other users (e.g. User Contribution), bloggers, unaffiliated third-party vendors and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
8.3 HowUdish may contain links through advertising and otherwise to third party platforms (e.g. websites, apps, etc.). HowUdish may also enable sharing/sending capabilities through three party platforms. These links and capabilities from third party platforms are not under the control of, reviewed, monitored, or endorsed by the Company, and as such the Company is not responsible or liable for any information, content, or any other materials of any third party platform. Third party platforms are provided for convenience and/or entertainment purposes only. You agree that you are solely responsible and liable for any interactions you may have with such linked websites, their sponsors, owners, or other third-parties. You acknowledge and agree that the Company shall not be responsible or liable, both directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused by or in connection with the use of or reliance upon any such third party goods or services, or content, available through third party platforms.
10.1 You understand that we cannot and do not guarantee or warrant HowUdish will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
10.2 The Company is not engaged in rendering health or dietary advice. The Company is not a medical or health services organization. Neither HowUdish, the Company nor our staff can provide diagnosis or medical advice, and no action, inaction, or Content should be construed as such. The restaurant dishes and recipes provided on HowUdish are not a substitute for physician consultation, evaluation or treatment. You should always check with your physician to be sure that any recipe, food, dietary regime or other products or services are appropriate for you and will not cause an allergic reaction based on your personal medical history. Recommendations regarding fitness of any restaurant dish for any specific diet are based on finding the closest fit recipe the application’s algorithms, combined with user feedback about the dish being diet appropriate. The Company therefore disclaims any and all liability for any loss, damage, or injury based on information directly or indirectly obtained through HowUdish. The Company does not test any recipes presented on HowUdish. Therefore, the Company disclaims any and all liabilities for any loss, damage, or injury based on the accuracy, completeness, or clarity of any recipe.
10.3 HOWUDISH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF HOWUDISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS HOWUDISH OR USE HOWUDISH, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO HOWUDISH’S RECORDS, PROGRAMS, OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF HOWUDISH, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING HOWUDISH.
10.4 TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
10.5 YOUR USE OF HOWUDISH, INCLUDING ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH HOWUDISH IS AT YOUR OWN RISK. HOWUDISH, INCLUDING ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH HOWUDISH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT HOWUDISH, INCLUDIN ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH HOWUDISH, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT HOWUDISHIS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT HOWUDISH MEETS YOUR NEEDS OR EXPECTATIONS.
10.6 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, HOWUDISH, INCLUDING ANY CONTENT ON HOWUDISH, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
10.7 BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES HOWUDISH’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10.8 ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11.1 You agree to defend, indemnify, and hold harmless the Company and its service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms & Conditions or your use of HowUdish or your use of any information obtained from HowUdish or (ii) any claim of defamation, invasion of privacy, right of publicity, infringement of intellectual property or other proprietary rights relating to your use of HowUdish.
12.1 This Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. applicable to agreements executed and fully performed therein. It is agreed that New York courts (state and federal) only, will have jurisdiction over any controversies regarding this Agreement; any action or proceeding which involves such a controversy will be brought only in those courts the federal Southern District of New York or in Queens County, New York.
12.2 If any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable, such provision shall be interpreted to have the broadest application as shall be enforceable. The unenforceability of any particular provision of this Agreement shall not affect any other provision hereof, which shall continue in full force and effect.
12.3 No waiver by the Company of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
12.4 Unless otherwise stated, all feedback, comments, requests for technical support, and other communications relating to HowUdish should be directed to [email protected].